THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
MR. SUDESH SHETTY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 2580/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2580 OF 2026 BETWEEN:
MR. SUDESH SHETTY, (AS PER AADHAR CARD), AGED 32 YEARS, S/O SURESH SHETTY, R/AT 4-1-21C, RATHNA VIHAR N.H.17, SANTHOSH NAGAR, AMBALPADY POST, UDUPI - 576 103.
…PETITIONER (BY SRI. GANAPATHI BHAT., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, Digitally THROUGH THE INSPECTOR OF POLICE, signed by SANJEEVINI J PADUBIDRI POLICE STATION, KARISHETTY UDUPI DISTRICT, Location:
High Court of REPRESENTED BY THE Karnataka STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01.
2. MR. ANIL KUMAR T NAIK, AGED 38 YEARS, FATHER S NAME NOT KNOWN, SUB INSPECTOR OF POLICE, PADUBIDRI POLICE STATION, UDUPI DISTRICT - 574 111.
…RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 10/12/2025 IN CRIME NO.0145/2025 OF A PADUBIDRI POLICE STATION UDUPI DISTRICT REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS SECTION 78 OF THE KARNATAKA POLICE ACT, 1963 AND SECTION 112 OF THE BHARATIYA NYAYA SANHITA, 2023 PENDING ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND ACJM, UDUPI DISTRICT IN SO FAR AS PETITIONER HEREIN/ACCUSED NO.2 IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard the learned counsel Sri. Ganapathi Bhat, appearing for the petitioner, Sri. Channappa Erappa, learned HCGP appearing for respondent No.1 and have perused the material on record.
2. The petitioner is before this Court, seeking the following prayer:
"1. Quash the FIR dated 10/12/2025 in Crime No.
0145/2025 of Padubidri Police Station Udupi District registered for offences punishable under Sections Section 78 of the Karnataka Police Act, 1963 and Section 112 of the Bharatiya Nyaya Sanhita, 2023 pending on the file of Addl. Senior Civil Judge and ACJM, Udupi District in so far as Petitioner herein/Accused no.2 is concerned;
2. Grant such other and further reliefs as this Hon'ble court deems fit to grant under the circumstances of the case, in the interest of justice and equity."
3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.5827/2021 disposed on
10.06.2022, wherein it has held as follows:
"The petitioner is before this Court calling in question the proceedings in Crime No.165/2021 registered for offences punishable under Sections 79 of the Karnataka Police Act, 1963, Section 66D of the Information Technology Act, 2000 and Section 420 and 34 of the IPC, 1860, pending before the Additional Civil Judge and JMFC, Hosakote, Bengaluru Rural. Petitioner is accused No.4.
2. Brief facts of the case leading to the filing of the case at hand are as follows:
The case of the prosecution is that, on 26.04.2021, at about 9.30 a.m., C.M.Raju, PSI - the complainant received a credible information that within the jurisdiction of Hosakote Police Station, three individuals were indulged in playing IPL cricket betting. They were also booking betting for future matches about the winning and losing possibilities of various team and used an APP / Website by name JUNGLE BET.COM, to check the betting ratio and used mobile phones. They used WhatsApp to contact the customers, Google Pe, Phone Pe to transfer money to bank accounts and conduct gambling, involving money transaction to deceive general public. After which, FIR came to be registered for the offences as afore-
quoted.
3. Heard Sri.Krishnamoorthy D., learned counsel appearing for the petitioner and Sri K.S.Abhijith, learned High Court Government Pleader for respondent No.1.
4. Learned counsel for the petitioner submits that the issue in the petition stands covered by an order passed by a Co-ordinate Bench of this Court in CRL.P.NO.2929/2020 AND CONNECTED MATTERS D.D. ON 10.01.2022, wherein, it has held that be
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